Narrative Opinion Summary
An appeal was filed concerning the 296th Judicial District Court's orders granting AdvoCare International, LP's request for a pre-suit deposition and denying eBay Inc.’s motion for a new trial and reconsideration. The parties involved requested the dismissal of the appeal, the vacating of the trial court's orders without addressing the merits, and remand to the trial court for the entry of judgment according to their agreement. The Court of Appeals for the Fifth District of Texas granted this request, vacating the trial court’s September 16, 2014 and November 6, 2014 orders. The case is remanded for judgment consistent with the parties’ agreement, with both AdvoCare International, LP and eBay Inc. bearing their own costs of the appeal. The judgment was entered on June 17, 2015.
Legal Issues Addressed
Appellate Court's Authority to Vacate Lower Court Orderssubscribe to see similar legal issues
Application: The Court of Appeals exercised its authority to vacate the trial court's orders without addressing the merits, based on the parties' agreement.
Reasoning: The Court of Appeals for the Fifth District of Texas granted this request, vacating the trial court’s September 16, 2014 and November 6, 2014 orders.
Pre-Suit Deposition Requestssubscribe to see similar legal issues
Application: The 296th Judicial District Court granted AdvoCare International, LP's request for a pre-suit deposition, which was later vacated by the appellate court.
Reasoning: An appeal was filed concerning the 296th Judicial District Court's orders granting AdvoCare International, LP's request for a pre-suit deposition and denying eBay Inc.’s motion for a new trial and reconsideration.
Remand for Entry of Judgmentsubscribe to see similar legal issues
Application: The appellate court remanded the case to the trial court for the entry of judgment consistent with the parties’ agreement.
Reasoning: The case is remanded for judgment consistent with the parties’ agreement, with both AdvoCare International, LP and eBay Inc. bearing their own costs of the appeal.